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Ff Ie No. 14.40-48
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACT ON
From:
ROGER G. HARDGRAVE, Director
Public Works/Engineering
Subjd~~C'DR~~"'Uft:~. of Intention, Amend
r~7 ocr ~",u~.daries: Assessment District
-". 9-76,':IP'iirie:: & Belmont Landscape
Maint. Distr.)
Dept:
Date: October 20, 1987
Synopsis of Previous Council action:
4-20-87
Authorization to proceed granted by motion..
Recommended motion:
Adopt Resolution.
cc: Raymond Schweitzer, City Administrator
Warren Knudson, Director of Finance
Jim Penman, City Attorney
Contact person:
Verne Nadeau
Phone:
384-5026
Supporting data attached:
Staff Report, Map
Ward:
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FUNDING REQUIREMENTS:
A t $2,000.00
moun:
Source: (ACCT. NO.) 251-650- 5 39 2 5
(ACCT. DESCRIPTION) Assess. Distr. 976 To be paid
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from up-front monies deposited by petitione~rltance: /.l-
Council Notes:
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Aoenda Item No ~ t _
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. CI'f~ OF SAN BERNARD'''~~O - REQUFC\T FOR COUNCIL AC"'"10N
75.0264
STAFF REPORT
This action is the result of a request of the developers of the Pine and
Belmont Area in response to the requirement of the City to establish an
assessment di stri ct for the maintenance of land scapi ng along porti ons of Pi ne
Avenue, Belmont Avenue and Ohio Avenue.
The purpose of the action is to preliminarily determine that the public
convenience and necessity require the amendment of boundaries of Assessment
District No. 976 by expanding the boundaries thereof to include additional
territory in the District; declaring the intention to proceed to order the
amendment and expansion of the District and waiving Notice and Hearing.
Pursuant to Chapter 12.90.040C(5) of the Municipal Code, notice and hearing
will not be required as 100% of the owners of the property to be assessed have
requested the expansion of! the district.
At the same time that the authorization to proceed was given, a second
Subdivider had also requested that his Tract No. 13436 be included in the
maintenance district as it will also receive a benefit from the landscape
maintenance. This Tract is located North of Ohio Avenue and east of Pine
Avenue and to properly tie the project together, we have incl uded a parcel of
City owned (Water Dept.) land within the boundaries of the district. The City
land, however, will not be assessed as long as title remains in the City.
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The Authorization to Proceed as written and granted will cover the inclusion
of these additional lands within the boundaries.
This is the second time that we have expanded the boundaries of this District.
10-20-87
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10-20-87
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERM IN ING THAT PUBL IC CONVEN IENCE AND NECESS ITY REQUIRE THE
AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 976 BY
EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL
TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED
TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND
WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino (hereinafter called
"City") as an exercise of its municipal affairs powers has
enacted an Assessment District Ordinance (Municipal Code
Chapter 12.90) to provide a procedure for the formation of
assessment districts within the City; and
WHEREAS, pursuant to said Municipal Code section 12.90,
the Ci ty of San Bernardi no, by Resol uti on No. 86-341 adopted
August 19,1986, created Assessment District No. 976 for the
maintenance of landscaping in the area of Pine Avenue and
Belmont Avenue; and
WHEREAS, the Assessment District Boundary Map for said
Assessment District was recorded in the office of the County
Recorder of San Bernardi no County on August 7, 1986 in Book 39
of Assessments, page 22; and
WHEREAS, pursuant to said Municipal Code Section
12.90.060, the City of San Bernardino, by Resolution No. 87-9
adopted January 5, 1987, expanded the boundaries of Assessment
District No. 976 to include additional territory within the
boundaries of the District; and
WHEREAS, the amended Assessment District Boundary Map
for said expanded Assessment District was recorded in the
office of the County Recorder of San Bernardi no County on
0-20-87
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December 11, 1986 in Book 40 of Assessments, page 18; and
WHEREAS, it has now become necessary to consider
amending the boundaries thereof by expanding same to include
additional territory therein and which additional territory
will share in the cost and expense of said maintenance; and
WHEREAS, the addition of said area to the boundaries of
the District,willnot increase the cost of assessment to the
properties presently within the boundaries of the existing
District;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
SECTION 1.
Pursuant to Section 12.90.060 of the San
Bernardino Municipal Code, the Mayor and Common Council of said
City, hereby preliminary find and determine that the public
convenience and necessity require, and it is the intention of
the Mayor and Common Counci 1 to amend the boundaries of
Assessment Di strict No. 976, by the expansion thereof to
include additional territory, the boundaries of said additional
area aregenerally, as follows:
Bounded on the West by Walnut Avenue; on the East by the City
21 of San Bernardino's Devil's Canyon Water Reserve; on the North
22 by Ohio Avenue and the most Northerly point of Tract No. 13436;
23 on the South by Belmont Avenue.
24 Reference is hereby made to a map on fi le in the office
25 of the City Clerk of said City delineating thereon the proposed
26 amended boundaries of said Assessment District No. 976, which
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Amended Assessment District Map is hereby approved, and to
Resol ution of Intention No. 86-322, adopted August 4, 1986 on
file in the office of the City Clerk of said City for a
description of the type of improvement, an estimated cost of
the improvement, the assessment benefit procedure to be
followed, the assessment financing alternative to be followed,
for the method of collection of the assessment and for a
proposed assesment roll for the original District, all of which
shall relate to and be binding upon the expanded District.
SECTION 2. It is the i ntenti on of said Mayor and
Common Counci 1 to order the amendment of boundaries by the
expansion thereof to include such additional area.
SECTION 3. Said contemplated work and improvements is
14 of more than local or ordinary public benefit, and that said
15 Mayor and Common Council do hereby make the expense of such
16 work and improvement chargeable upon the expanded district,
17 which expanded district is hereby declared to be the district
18 benefited by said proposed work and improvement, and to be
19 assessed to pay the cost and expense thereof. All public
20 streets or alleys, or portions thereof,@hereby are excepted
21 from sai d assessment.
22 SECTION 4. That the City elects to proceed without
23 Notice and Hearing pursuant to Section 12.90.040C(5) of the
24 Municipal Code as the request to expand the boundaries of the
25 existing District represents 100% of the property owners liable
26 to be assessed for the said maintenance.
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SECTION 5. A copy of this resolution and a map showing
the exterior boundaries of the proposed amended boundaries of
the district with relation to the territory immediately
co~tiguous thereto will be on file with the City Clerk and
will be available for inspection by any person or persons
interested. This map shall govern for all details as to the
extent of the proposed amended improvement district.
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.....,..J.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Counci 1 of the Ci ty of San
Bernardino at a
meeting thereof, held
on the
day of
,
1987, by the
following vote, to wit:
AYES: Counci 1 Members
NAYS:
ABSENT:
City Clerk
The foregoi ng resol uti on is hereby approved thi s
day of
, 1987.
Mayor of the City of San Bernardlno
Approved as to form
and legal content:
6 (j;./JMt~~ )
Ciky' Attorney
0-20-87
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